Can I be ordered to pay my spouse alimony (spousal maintenance)?

Texas courts can order a spouse to make support payments to the other spouse while the divorce is pending, and thereafter, in very limited circumstances when the case is over. The Texas word for “Alimony” is “Spousal Maintenance”. The Family Code provides very a series of very limited rules concerning post-divorce spousal support that requireContinue reading “Can I be ordered to pay my spouse alimony (spousal maintenance)?”

Is my premarital agreement enforceable?

If a Premarital Agreement is not executed correctly, it may not be enforceable at the time that it is needed most. Texas property laws are complicated, and so are the laws regarding the execution and enforceability of premarital agreements. In 1993, the Texas Legislature changed the law to say that there are now only twoContinue reading “Is my premarital agreement enforceable?”

What is Collaborative Family Law?

Collaborative Family Law is a process by which the decision making process in a divorce is taken away from the Court and put into the hands of a neutral third-party, the collaborative lawyer. This is a relatively new process–The Texas Legislature enacted laws that authorize this practice in 2011. Collaborative Family Law requires many things.Continue reading “What is Collaborative Family Law?”

Should my spouse and I use the same lawyer for our divorce?

Many spouses that are facing a divorce want to keep things as amicable as possible, and they often try to do this through using the same attorney. But having the same attorney is not an option. The Texas Disciplinary Rules of Professional Conduct prevent one attorney from representing opposing parties to the same lawsuit. AtContinue reading “Should my spouse and I use the same lawyer for our divorce?”

Can I demand a jury trial on a suit involving a child?

The right to a jury trial is not without limitations. The Texas Family Code provides limited circumstances in which a child custody battle can be decided by a jury. In suits involving children, a jury can determine the issues of: (1) appointing someone as sole managing conservator, joint managing conservator, possessory conservator; (2) determining whichContinue reading “Can I demand a jury trial on a suit involving a child?”

What is insupportability?

Insupportability is another name for what is commonly called a “no-fault divorce”. In Texas, you can get a divorce based simply upon not getting along with your spouse anymore. The typical language found in a divorce petition or divorce decree will state that the grounds for divorce are based on a “discord or conflict inContinue reading “What is insupportability?”

If my spouse and I live in different counties, where should we file for divorce?

If you and your spouse live in different counties, the county in which the divorce is filed is an important consideration. Some counties in Texas have Standing Orders that immediately become effective upon a party when they file for divorce or are served with divorce papers. Standing Orders govern the conduct of the parties whileContinue reading “If my spouse and I live in different counties, where should we file for divorce?”

What are standing orders?

A Standing Order typically governs the conduct of parties in a divorce or a Suit Affecting the Parent Child Relationship (SAPCR). Standing Orders are usually orders by county, and many counties in Texas do not have standing Orders. If the county in which the lawsuit is filed has Standing Orders, the become effective on theContinue reading “What are standing orders?”

What are the rights and duties of a conservator?

The Texas Family Code provides a list of twenty-seven rights and duties that a person may have to a child. Of those, most child custody disputes focus on only four of these rights: The right to establish the primary residence of the child; The right to consent to non-emergency medical, dental, psychiatric, psychological and surgicalContinue reading “What are the rights and duties of a conservator?”

What is a fault-based divorce?

Texas law provides several fault-based grounds for granting a divorce. This means that one of the spouses is directly at fault for the break-up of the marriage. These include: cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital. Cruelty and adultery are the most commonly used fault-based grounds forContinue reading “What is a fault-based divorce?”